Landlord Wins Damages and Rent Arrears Case: VENANZIO PINGUE v GERTRUDA VRUGTEVEEN
Former tenants ordered to pay $6315 to landlord for rent arrears and property damage in St. Catharines rental dispute
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 6 1/2 Smythe Street East, St Catharines, ON L2P2G8
Decision in favor of
landlord
Balance Owed to Landlord
$6,315
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Tenancy End Date
Mar 2022
Application Date
Dec 2022
Hearing Date
Apr 2023
Order Date
Jul 27, 2023
Dispute Summary
The landlord applied for an order requiring the former tenants to pay rent arrears and compensation for damages to the rental unit. The former tenants vacated the unit on February 28, 2022 without providing proper notice. The landlord claims the former tenants caused damage to the unit due to their dogs urinating on the floor and walls.
Determinations
- Former tenants vacated on 2022-02-28
- Lawful rent was $1,715 per month
- Former tenants did not make any payments after application filed
- Former tenants gave 30-day notice, not 60-day as required
- Landlord did not notice damage until new tenants moved in
- Former tenants left unit clean and took photos
- Landlord mitigated losses by re-renting unit on 2022-04-15
- Former tenants caused damage from dog urine
Case Study
The landlord is entitled to rent for February 1, 2022 to March 30, 2022, as the former tenants did not provide proper 60-day notice to terminate the tenancy. The landlord is also entitled to compensation for the damage caused by the former tenants' dogs urinating in the unit, as this was found to be undue and negligent damage.
Arguments and Actions
Tenant
Actions
Former tenants testified they left due to an N5 notice, but could not recall the service date. They denied causing the damage.
Decision Summary
The tenancy is terminated effective March 31, 2022. The former tenants are ordered to pay the landlord $6,315.43, which includes rent arrears, compensation for damages, and the application filing fee. If the former tenants do not pay the full amount by August 31, 2023, they will owe interest at 6% annually on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
536
Landlord Favorable
91.2%
Tenant Favorable
5.4%
Mutual Agreement
3.4%
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Financial Details
Lawful Rent
$1,715
Rent Arrears
$1,715
Application Fee
$201
Rent Deposit
$1,625
Deposit Interest
$8
Damages
$4,408
Total Owing
$6,315 (Owed to Landlord)
Source
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